Specialist Practice Areas

Family: children CV

Divorce and Financial Remedy

Kate has experience in all stages of financial remedy proceedings, including Financial Dispute Resolution and contested final hearings.

Kate has experience in applications pursuant to Schedule 1 of the Children Act 1989.

Kate has experience acting for clients in contested divorce and dissolution of civil partnership hearings.

Public Law

Kate receives regular instructions to appear on behalf of parents, Local Authorities and children in a wide variety of matters in all levels of courts, including the High Court. Kate has also acted for vulnerable clients who lack capacity, via the Official Solicitor.

Kate has been involved in cases involving neglect, sexual abuse, and non accidental injury. She was recently successful in representing grandparents against a Local Authority plan of adoption, securing the return of their grandchild.

Kate has experience in applications for permission to oppose placement orders following a care order being made.

Private Law

Kate has represented parents at all stages in private law proceedings. She has acted in residence and contact disputes, cases concerning proposed moves out of the jurisdiction, and in prohibited steps order matters. Kate also has experience of representing clients in enforcement proceedings.

Kate has been involved in cases concerning complex findings of fact, following allegations of sexual and physical abuse.

Court of Protection and Mental Health CV

The Court of Protection & Mental Health team practice in all areas of mental capacity and mental health law.

In the Court of Protection we receive instructions in respect of Property & Affairs (money) matters as well as Health & Welfare applications. The team are instructed on behalf of the protected party (through the Official Solicitor or other Litigation Friend), relatives of the protected party, care providers and public bodies of all kinds (for example Local Authorities, PCTs/CCGs and Hospital Trusts).

For Mental Health Act applications, the team are instructed by Approved Mental Health Professionals, Local Authorities, those that find themselves the subject of proceedings and family members of the patient.

Examples of the kind of cases in which we are instructed are:

Property and affairs applications (including opposing the appointment of a Deputy; disputing testamentary capacity; settling a Lasting Power of Attorney; and negligent or deliberate misuse of a protected party’s finances).

Applications relating to a protected party’s welfare (including residence; contact with others; consent to marriage; and capacity to consent to sexual relations).

The team also provides regular training and seminars to professionals in mental capacity and mental health law. The team provides training to: Local Authorities, private practitioners, Mental Health and Mental Capacity Advocates, and professionals specialising in areas that overlap with mental capacity and mental health law, for example child protection practitioners.

Family: property & finances CV

Family: property & finances

Our specialist family property and finances team has a wealth and breadth of experience and expertise covering all aspects of the financial consequences of relationship breakdown (whether marriage, civil partnership or cohabitation).

The dedicated team cover:

Matrimonial finance following the breakdown of a marriage or the dissolution of a civil partnership

TOLATA claims over property and all aspects of disputes arising from unmarried cohabitation

Financial provision for children under Schedule 1

Claims upon death under the Inheritance (Provision for Family & Dependants) Act

In an emergency when assets are at risk of being disposed of, we will provide urgent advice and representation to obtain the necessary orders to prevent financial loss. Please contact our senior family clerk (Mark Williams) on 0113 228 5043.

Matrimonial Finance

Members of the team are instructed by an impressive client base in high-value cases to needs-based cases made complex by limited assets.

We have particular expertise with:

complex business arrangements

farms & agricultural assets

inherited wealth & non-matrimonial property

trusts

assets held abroad & jurisdiction disputes

large pension arrangements

third parties claiming beneficial interests in matrimonial assets

asset bases comprised of significant Personal Injury awards

annulment of sham bankruptcies designed to defeat the other spouse's claim

The team combine commercial acumen and a strong understanding of business and finance. Where applicable, this includes having a thorough understanding of the application of the chancery principles in the Family Court.

We advise in writing and in conferences on all aspects of matrimonial property and finance, including on the terms of marital agreements whether pre-nuptial (ante-nuptial), post-nuptial or separation agreements.

We facilitate and host private FDR's and early neutral evaluation: the barrister of your choice to conduct the FDR, at a convenient location and on a date fixed to your availability.

Cohabitation

Disputes arising from cohabitation are often complex and require specialist counsel: we provide that expertise. The team provides advice and representation in all aspects of complex cohabitation disputes between unmarried couples but particularly concerning claims over property under the Trusts of Land and Appointment of Trustees Act (TOLATA). This includes drafting the pleadings pre-issue or the defendant's response.

The team also has significant experience of advising on and obtaining financial provision for children under Schedule 1 of the Children Act.

Inheritance Act

Our team advise and represent in cases where financial provision is sought under the Inheritance (Provision for Family & Dependants) Act following the death of a family member. These are often complex applications where early advice pays dividends.

Lectures/Seminars

Kate has given seminars and accredited training events, with recent topics including:

Local Authorities’ obligations to families without recourse to public funds

2015 private law update

The impact of the introduction of the Children and Families Act 2014

Kate has also provided in house court skills training to social workers for several Local Authorities.

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